One Hundred Thousand Paintings Promotion Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Promotion Description

The One Hundred Thousand (100,000) Paintings Promotion (the "Promotion") in which entrants purchase painting licenses from www.paintingwithpurpose.com/store.cfm is a sweepstakes promotion. The entrants will be eligible to win one (1) of two (2) USD $5 cash prizes ("$5 Prize"), or one (1) of two (2) USD $10 cash prizes ("$10 Prize"), or one (1) USD $20 cash prize ("$20 Prize"), or one (1) of two (2) USD $25 cash prizes ("$25 Prize"), or one (1) USD $50 cash prize ("$50 Prize"), or one (1) USD $100 cash prize ("$100 Prize").

1. Eligibility

The Promotion is open only to legal residents of the fifty (50) United States (including District of Columbia) (excluding New York and Florida) and Canada (excluding Quebec) who have reached the age of majority in their respective jurisdiction at the time of participation. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Thornham Incorporated or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the "Sweepstakes").

2. Sponsor

Thornham Incorporated, 1300-1969 Upper Water St., Purdy's Wharf Tower II, P.O. Box 730, Halifax, Nova Scotia, Canada B3J 2V1.

3. Timing

The Promotion begins on November 14th, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on [Two years following the start date] at 11:59 p.m. ET or sooner as set forth below in section number 4 (the "Promotion Period"). Sponsor's computer is the official time keeping device for this Promotion.

4. How to Enter

You will automatically be entered into the Promotion by: 1) the purchase of a Painting With Purpose painting license from www.paintingwithpurpose.com/store.cfm; or 2) a free alternative means of entry by completing an online entry form available at www.paintingwithpurpose.com/no_purchase_necessary.cfm (a license purchase or free online entry will be deemed an "Entry(ies)"). One Entry will be automatically submitted for each license purchased or request for a free entry. In the case multiple painting licenses are purchased at the same time one (1) Entry will be submitted for each painting license purchased. The purchase of any other items from the site will be deemed an ineligible entry. For painting license(s) purchased from www.paintingwithpurpose.com/store.cfm, and/or for free online entry(ies), the authorized Painting With Purpose account holder will be deemed the official entrant. The Promotion begins on November 14th, 2008, and ends with the purchase of the 9,000th Painting With Purpose painting license of "Me and Jamison's Painting" ("End Date"). Free online entries are not deemed purchases unless they are determined to be winners. When free online entries are not winners they will not add to the total amount of painting licenses sold. In the case a free online entry is deemed a winner the free online entry will be considered a purchase adding to the total number of painting licenses sold. It is prohibited to use any automated launching or entry software or any other mechanical or electronic means that permits the entrant to repeatedly enter automatically. All prohibited Entries will be discarded and may lead to total and permanent disqualification from the Promotion. Only Entries submitted in this time period will be accepted. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. FREE ENTRY CODES. When a "Free Entry Code" is entered in conjunction with the purchase of a Painting With Purpose painting license or request for free entry, one (1) free entry will be awarded to the authorized account holder. The entry of a "Free Entry Code" in conjunction with the purchase of a Painting With Purpose painting license or request for free entry, will also be deemed an "Entry". For "Free Entry Codes" entered in conjunction with the purchase of a Painting With Purpose painting license or request for free entry, the authorized Painting With Purpose account holder will be deemed the official entrant. "Free Entry Code" entries are not deemed purchases unless they are determined to be winners. When "Free Entry Code" entries are not winners they will not add to the total amount of painting licenses sold. In the case a "Free Entry Code" entry is deemed a winner the "Free Entry Code" entry will be considered a purchase adding to the total number of painting licenses sold.

5. Winner Selection and Prizes

The order in which Entries are received will determine the winners. One (1) $5 Prize will be awarded for the Entry sent immediately following the 999th and 1,999th painting license purchased. One (1) $10 Prize will be awarded for the Entry sent immediately following the 2,999th and 3,999th painting license purchased. One (1) $20 Prize will be awarded for the Entry sent immediately following the 4,999th painting license purchased. One (1) $25 Prize will be awarded for the Entry sent immediately following the 5,999th and 6,999th painting license purchased. One (1) $50 Prize will be awarded for the Entry sent immediately following the 7,999th painting license purchased. One (1) $100 Prize will be awarded for the Entry sent immediately following the 8,999th painting license purchased. In the event simultaneous entries are received resulting in more than one winner, one (1) winner will be selected randomly from those entrants. Where a winner is not a resident of the United States, the prize will be awarded in the foreign currency of the country in which the winner resides equivalent to USD. The exchange rate used to convert from USD to the applicable foreign currency will be the exchange rate on the day the prize is won. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

6. Odds of Winning a Prize

The odds of winning a prize are 1 in 1,000. The odds of winning a $5 Prize are 1 in 4,500. The odds of winning a $10 Prize are 1 in 4,500. The odds of winning a $20 Prize are 1 in 9,000. The odds of winning a $25 Prize are 1 in 4,500. The odds of winning a $50 Prize are 1 in 9,000. The odds of winning a $100 Prize are 1 in 9,000.

7. POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

8. Verification of Potential Winner

A potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner may be required to provide the Sponsor with documentation that shows he or she was an eligible participant. The potential winner will be notified by email, telephone, or registered mail. The potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to the person that entered immediately before the person that was previously selected as the potential winner. By claiming a prize, any winner contests to being interviewed about their experience with Painting With Purpose. The winner contests to the use of all material collected from the interview for publicity or promotional purposes without further compensation. If a Canadian resident is selected, he/she will be required to correctly answer a mathematical skill-testing question in order to be eligible for the prize.

9. Entry Conditions and Release

By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Sweepstakes judges which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor and its respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes and Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant's participation in the Sweepstakes and Promotion and/or entrant's acceptance, use or misuse of prize.

10. Publicity

Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12. Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the Federal or provincial courts located in Halifax, Nova Scotia"; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses , and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of province of Nova Scotia, without giving effect to any choice of law or conflict of law rules (whether of the province of Nova Scotia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the province of Nova Scotia.

14. Entrant's Personal Information

Information collected from entrants is subject to the Sponsor's Privacy Policy, which is available at www.paintingwithpurpose.com/privacy_policy.cfm.

15. Promotion Results

For Promotion results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to One Hundred Thousand Paintings Promotion c/o Thornham Incorporated, 1300-1969 Upper Water St., Purdy's Wharf Tower II, P.O. Box 730, Halifax, Nova Scotia, Canada B3J 2V1. Requests for the winner list must be received within 30 days of the Promotion End Date. VT residents may exclude return postage.